S.K.KATRIAR
Lalmuni Devi – Appellant
Versus
Jagdish Tiwary – Respondent
S.K.Katriar, J.
1. The defendants first set are the appellants against a judgment of reversal. This appeal is directed against the judgment and decree dated 9.6.1998, passed by the learned 5th Additional District Judge, Siwan, in title appeal No. 13 of 1992, Jagdish Tiwari V/s. Lalmuni Devi and Ors., whereby he has allowed the appeal preferred by the plaintiff and the defendants second set, and set aside the judgment and decree dated 9.4.1992, passed by the learned 2nd Munsif, Siwan, in title suit No. 101 of 1984, Jagdish Tiwari V/s. Rajpati Chaudhary and Ors. The learned trial Court had dismissed the suit which has been set aside by the impugned judgment and decreed the suit. We shall go by the description of the parties occurring in the plaint.
2. it arises out of a suit for declaration of title of the plaintiff and defendant 2nd set (respondent herein), and for confirmation of their possession over the suit land bearing plot No. 104. As per the plaint, Ram Ugrah Tiwari had four sons, namely, Sital Tiwari, Ramautar Tiwari, Muneshwar Tiwari and Deodut Tiwari. Sital Tiwari died leaving behind his two sons, Samsundar Tiwari and Nakched Tiwari. Shyam Sundar also died issueles
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